Bick v. Tanzey
Supreme Court of Missouri
Appeal from Monroe Circuit Court. — Row. David II. Eby,- Judge. (1) The judgment was properly revived by the justice who rendered it, notwithstanding the filing of a transcript in the circuit court. R. S. 1899, sec. 4020; R. S. 1889, sec. 6288. And the record is sufficient; a mere certificate from the justice would have filled the statutory requirements.
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Appeal from Monroe Circuit Court. — Row. David II. Eby,- Judge. (1) The judgment was properly revived by the justice who rendered it, notwithstanding the filing of a transcript in the circuit court. R. S. 1899, sec. 4020; R. S. 1889, sec. 6288. And the record is sufficient; a mere certificate from the justice would have filled the statutory requirements. Ib., sec. 4020. (2) (a) The proceeding to revive a judgment before a justice of the peace by citation is analogous to revival by scire facias in a court of record, and is, therefore, an action and the judgment thereon is, in a sense, a new…
1Opinion of the CourtFox, J.
Appellant’s statement is substantially verified by the record in this cause, hence, we practically adopt the statement made; it is as follows:
“This is a suit in ejectment for possession of the land described in the petition, to-wit, the west half of the west half of section eleven, and sixty-two acres off the south side of the south half of the southwest quarter of section two, all in township fifty-three, range ten, Monroe county, Missouri. It was admitted that Millie V. Tanzey is the common source of title. On the thirtieth day of September, 1885, Millie Y. Tanzey and Benjamin H. Tanzey,…
2Cases cited3 opinions
- Sutton v. ColeSupreme Court of Missouri · 1900
- T. W. Barhydt & Co. v. G. N. Alexander & Co.Missouri Court of Appeals · 1894
- Kincaid v. GriffithMissouri Court of Appeals · 1896
3Cited by9 opinions
- Bick v. VaughnMissouri Court of Appeals · 1909
- Simpson v. De RamirezCourt of Appeals of Texas · 1908
- Reyburn v. HandlanMissouri Court of Appeals · 1912
- Bick v. RobbinsMissouri Court of Appeals · 1908
- City of Ft. Worth v. WeislerCourt of Appeals of Texas · 1919
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